FR Doc 04-21644

[Federal Register: September 28, 2004 (Volume 69, Number 187)]
[Proposed Rules]
[Page 57888-57892]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se04-26]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19176; Directorate Identifier 2003-NM-36-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and -145 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) for all EMBRAER Model EMB-135 and -145 series airplanes.
That AD currently requires repetitive inspections of the electrical
connectors of the electric fuel pumps to detect discrepancies, and
follow-on corrective actions. This proposed AD would extend the
repetitive intervals for the inspections; add new criteria for
replacing discrepant fuel pumps; add a new requirement for applying
anti-corrosion spray; add a requirement to replace all fuel pumps with
improved fuel pumps; and add repetitive inspections after all six fuel
pumps are replaced. This proposed AD is prompted by the manufacturer's
development of a new modification that addresses the unsafe condition
in the existing AD. We are proposing this AD to prevent an ignition
source in the fuel tank or adjacent dry bay, which could result in fire
or explosion.

DATES: We must receive comments on this proposed AD by October 28,
2004.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your

comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street SW, Nassif Building, room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
You can get the service information identified in this proposed AD
from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--
CEP 12.225, Sao Jose dos Campos--SP, Brazil.
You may examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or at the Docket Management Facility, U.S.

Department of Transportation, 400 Seventh Street SW, room PL-401, on
the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

[[Page 57889]]

Docket Management System (DMS)

The FAA has implemented new procedures for maintaining AD dockets
electronically. As of May 17, 2004, new AD actions are posted on DMS
and assigned a docket number. We track each action and assign a
corresponding directorate identifier. The DMS AD docket number is in
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

We invite you to submit any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2004-19176;
Directorate Identifier 2003-NM-36-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will

also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.

We are reviewing the writing style we currently use in regulatory
documents. We are interested in your comments on whether the style of
this document is clear, and your suggestions to improve the clarity of
our communications that affect you. You can get more information about
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.Examining
the Docket

You may examine the AD docket in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the DOT street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after the DMS
receives them.

Discussion

The FAA has examined the underlying safety issues involved in
recent fuel tank explosions on several large transport airplanes,
including the adequacy of existing regulations, the service history of
airplanes subject to those regulations, and existing maintenance
practices for fuel tank systems. As a result of those findings, we
issued a regulation titled ``Transport Airplane Fuel Tank System Design
Review, Flammability Reduction and Maintenance and Inspection
Requirements'' (67 FR 23086, May 7, 2001). In addition to new
airworthiness standards for transport airplanes and new maintenance
requirements, this rule included Special Federal Aviation Regulation
No. 88 (``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82
and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with another latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
Based on this process, we have determined that the actions
identified in this AD are necessary to reduce the potential of ignition
sources inside fuel tanks, which, in combination with flammable fuel
vapors, could result in fuel tank explosions and consequent loss of the
airplane.
On September 8, 2000, we issued AD 2000-19-02, amendment 39-11903
(65 FR 56233, September 18, 2000), for all EMBRAER Model EMB-135 and -
145 series airplanes. That AD requires repetitive inspections of the
electrical connectors of the electric fuel pumps to detect
discrepancies, and follow-on corrective actions. That AD was prompted
by a report of damage to the pins and elastomeric inserts in the
hermetically sealed wire connectors of the electric fuel pumps located
in the main wing fuel tanks. We issued that AD to prevent failure of
the electrical connectors or electrical arcing across the connector
pins of the pump, and consequent fuel fire or explosion.

Actions Since Existing AD Was Issued

The preamble to AD 2000-19-02 stated that we considered the
requirements ``interim action'' and that the manufacturer was
developing a modification to address the unsafe condition. That AD
explained that we may consider further rulemaking if a modification is
developed, approved, and available. The manufacturer now has developed
a modification, and we have determined that further rulemaking is
indeed necessary; this proposed AD follows from that determination.

Relevant Service Information

EMBRAER has issued Service Bulletin 145-28-0013, dated April 25,
2001. This service bulletin supersedes EMBRAER Service Bulletin 145-28-
A013, dated August 16, 2000, which was cited in AD 2000-19-02 as the
appropriate source of service information for accomplishing the actions
required by that AD.
EMBRAER Service Bulletin 145-28-0013 describes procedures for:
Repetitive inspections of the electrical connectors of the
fuel pumps to detect discrepancies such as corrosion, surface
irregularities, damaged plating, blackened pins, damaged elastomeric
inserts, cracks, erosion, or charring of the connector.
Applying anti-corrosion spray on the male contacts of the
fuel pump electrical connectors if no discrepancy is found.
Replacing the fuel pumps with new, improved fuel pumps
(with gold-plated connectors), and a follow-on inspection

[[Page 57890]]

of the mating aircraft connectors, if any discrepancy is found.
Replacing only the socket contacts with new contacts
having the same part number if no damage is found to the mating
aircraft connectors; or replacing the affected connector with a new
connector having the same part number if any damage is found to the
mating aircraft connectors; and applying anti-corrosion spray on the
male contacts of the electrical connectors for the new, improved fuel
pumps.
The Departmento de Aviacao Civil (DAC) mandated the service
bulletin and issued Brazilian airworthiness directive 2000-08-01R2,
dated February 13, 2002, to ensure the continued airworthiness of these
airplanes in Brazil.

FAA's Determination and Requirements of the Proposed AD

These airplane models are manufactured in Brazil and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. We have examined the DAC's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would supersede AD 2000-
19-02 to continue to require repetitive inspections of the electrical
connectors of the electric fuel pumps to detect discrepancies, and
follow-on corrective actions. This proposed AD would also extend the
repetitive intervals for the inspections; add new criteria for
replacing discrepant fuel pumps, add a new requirement for applying
anti-corrosion spray; add a requirement to replace all fuel pumps with
improved fuel pumps; and add repetitive inspections after all six pumps
are replaced. The proposed AD would require you to use the service
information described previously to perform these actions, except as
discussed under ``Differences Among the Proposed AD, the Service
Bulletin, and the Brazilian Airworthiness Directive.''

Differences Among the Proposed AD, the Service Bulletin, and the
Brazilian Airworthiness Directive

The service bulletin states that you may replace the fuel pumps
with electric fuel pumps that have part number (P/N) 2C7-1, but this
proposed AD would require you to replace them with fuel pumps that have
P/N 2C7-4.
The Brazilian airworthiness directive does not give a time for
replacing all six fuel pumps, but this proposed AD would require you to
replace all six fuel pumps with new, improved pumps within 8,000 flight
hours after the effective date of the proposed AD.
We have coordinated these differences with the DAC.

Changes to Existing AD

This proposed AD would retain all requirements of AD 2000-19-02.
Since AD 2000-19-02 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:

Revised Paragraph Identifiers
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Corresponding requirement
Requirement in AD 2000-19-02 in this proposed AD
------------------------------------------------------------------------
Paragraph (a)............................. Paragraph (f).
Paragraph (b)............................. Paragraph (n).
Paragraph (c)............................. Paragraph (g).
Paragraph (d)............................. Paragraph (h).
------------------------------------------------------------------------

We have also included a definition of ``general visual
inspection,'' which was not included in the existing AD. This
definition is in Note 1 of the proposed AD.

Costs of Compliance

The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.

Estimated Costs
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Number of
Average U.S.-
Action Work hours labor rate Parts Cost per airplane registered Fleet cost
per hour airplanes
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Inspections (required by AD 2000- 1 per inspection $65 None........... $65 per inspection.............. 290 $18,850 per
19-02). cycle. inspection cycle.
Repetitive inspections (new 1 per inspection 65 None........... $65 per inspection cycle........ 290 $18,850 per
proposed action). cycle. inspection cycle.
Replacing the fuel pump (new 1 per pump (6 per 65 Free........... $390............................ 290 $113,100.
proposed action). airplane).
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Regulatory Findings

We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. See the ADDRESSES section for a location
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

[[Page 57891]]

Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by removing amendment 39-11903 (65 FR
56233, September 18, 2000) and adding the following new airworthiness
directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2004-19176; Directorate Identifier 2003-NM-36-AD.

Comments Due Date

(a) The Federal Aviation Administration must receive comments on
this AD action by October 28, 2004.

Affected ADs

(b) This AD supersedes AD 2000-19-02, amendment 39-11903.

Applicability

Unsafe Condition

(d) This AD was prompted by the manufacturer's development of a
new modification that addresses the unsafe condition in the AD 2000-
19-02. We are issuing this AD to prevent an ignition source in the
fuel tank or adjacent dry bay, which could result in fire or
explosion.

Compliance

(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of the Requirements of AD 2000-19-02

Repetitive Inspections

(f) Perform a general visual inspection of the electrical
connectors of the fuel pumps in the right- and left-hand wings to
detect discrepancies (including blackened connector pins, damage to
electrometric insert, cracks, erosion, or charring), in accordance
with EMBRAER Alert Service Bulletin S.B. 145-28-A013, dated August
16, 2000, at the times specified in paragraphs (f)(1), (f)(2), and
(f)(3) of this AD, as applicable. Repeat the inspection thereafter
at intervals not to exceed 400 flight hours until the inspection
required by paragraph (i) of this AD is done.
(1) For airplanes having 1,200 total flight hours or less as of
October 3, 2000 (the effective date of AD 2000-19-02, amendment 39-
11903): Prior to the accumulation of 1,600 total flight hours.
(2) For airplanes having more than 1,200 total flight hours, but
less than 4,000 total flight hours, as of October 3, 2000: Within
400 flight hours after October 3, 2000.
(3) For airplanes having 4,000 total flight hours or more as of
October 3, 2000: Prior to the accumulation of 4,400 total flight
hours, or within 50 flight hours after October 3, 2000, whichever
occurs later.

Note 1: For the purposes of this AD, a general visual inspection
is ``a visual examination of a interior or exterior area,
installation or assembly to detect obvious damage, failure or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normal available lighting
conditions such as daylight, hangar lighting, flashlight or drop-
light and may require removal or opening of access panels or doors.
Stands, ladders or platforms may be required to gain proximity to
the area being checked.''

Follow-On Corrective Actions

(g) If any discrepancy (including blackened connector pins,
damage to electrometric insert, cracks, erosion, or charring) is
detected after accomplishment of any inspection required by
paragraph (f) of this AD: Before further flight, replace the fuel
pump and its mating airplane connector in accordance with EMBRAER
Alert Service Bulletin S.B. 145-28-A013, dated August 16, 2000.
(h) After accomplishment of the replacement required by
paragraph (g) of this AD, before further flight: Perform a general
visual inspection of the electrical connectors adjacent to the fuel
pump to detect damage (visible cracks, erosion, or charring), in
accordance with EMBRAER Alert Service Bulletin S.B. 145-28-A013,
dated August 16, 2000, and accomplish the requirements in paragraph
(h)(1) or (h)(2) of this AD, as applicable.
(1) If any damage is detected, before further flight, replace
the connectors with new ones in accordance with the alert service
bulletin.
(2) If no damage is detected, before further flight, replace
only the socket contacts with new contacts in accordance with the
alert service bulletin.

New Requirements of This AD

Inspections

(i) Do a general visual inspection of the electrical connectors
of the fuel pumps in the right- and left-hand wings to detect
discrepancies (including any corrosion, surface irregularities,
damaged plating, blackened pins, damaged elastomeric inserts,
cracks, erosion, or charring of the connector). Do the first
inspection at the applicable time in paragraph (i)(1) or (i)(2) of
this AD, in accordance with Part I of the Accomplishment
Instructions of EMBRAER Service Bulletin 145-28-0013, dated April
25, 2001. Repeat the inspection thereafter at intervals not to
exceed 1,200 flight hours until all six fuel pumps are replaced in
accordance with paragraph (k) or (l) of this AD. When all six fuel
pumps have been replaced in accordance with paragraph (k) or (l) of
this AD, repeat the inspection thereafter at intervals not to exceed
8,000 flight hours. Doing the inspection required by this paragraph
terminates the repetitive inspections required by paragraph (f) of
this AD.
(1) For airplanes that have been inspected in accordance with
paragraph (f) of this AD as of the effective date of this AD: Within
1,200 flight hours since the most recent inspection done in
accordance with paragraph (f) of this AD.
(2) For airplanes that have not been inspected in accordance
with paragraph (f) of this AD as of the effective date of this AD:
Within 1,200 flight hours after the effective date of this AD.

Corrective Action if No Discrepancy Is Found

(j) If there is no evidence of a discrepancy found during any
inspection required by paragraph (i) of this AD: Before further
flight, apply anti-corrosion spray on the male contacts of the fuel
pump electrical connectors in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 145-28-0013, dated April
25, 2001.

Replacement if Any Discrepancy Is Found

(k) If any evidence of a discrepancy is found during any
inspection required by paragraph (i) of this AD: Before further
flight, replace the electric fuel pump with a new electric fuel pump
that has part number (P/N) 2C7-4, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145-28-0013,
dated April 25, 2001. After the replacement, repeat the inspection
required by paragraph (i) of this AD at the applicable interval in
that paragraph.

Replacement

(l) Within 8,000 flight hours after the effective date of this
AD, replace any electric fuel pump that has not been replaced in
accordance with paragraph (k) of this AD with a new electric fuel
pump that has part number (P/N) 2C7-4, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145-28-0013,
dated April 25, 2001. After the replacement, repeat the inspection
required by paragraph (i) of this AD at intervals not to exceed
8,000 flight hours.

Inspection and Corrective Actions

(m) Before further flight after replacing a fuel pump, as
required by paragraph (k) and (l) of this AD: Do a general visual
inspection for damage of the mating aircraft connectors; and do the
applicable corrective action in paragraph (m)(1) or (m)(2) of this
AD; in accordance with the Accomplishment Instructions of EMBRAER
Service Bulletin 145-28-0013, dated April 25, 2001.
(1) If there is any sign of damage to the mating aircraft
connectors: Replace the affected connector with a new connector, and
apply anti-corrosion spray on the male contacts of the fuel pump
electric connectors.
(2) If there is no sign of damage to the mating aircraft
connectors: Replace only the socket contacts with new socket
contacts, and apply anti-corrosion spray on the male contacts of the
fuel pump electric connectors.

Master Minimum Equipment List (MMEL)

(n) The inspections required by paragraphs (f) and (i) of this
AD apply to the six electric fuel pumps in the right- and left-hand
wings (three pumps in each wing). For pump replacement planning
purposes, the airplane may be operated in accordance with the
provisions and limitations specified in an operator's FAA-approved
MMEL, provided

[[Page 57892]]

that no more than one fuel pump on each wing on the airplane is
inoperative.

Note 2: When operating under the MMEL, operators must comply
with the unusable fuel quantity as referenced in the Limitations
Section of the appropriate FAA-approved Airplane Flight Manual
(AFM).

Parts Installation

(o) As of the effective date of this AD, no person may install a
fuel pump, P/N 2C7-1, on any airplane.

Alternative Methods of Compliance (AMOCs)

(p)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
(2) Alternative methods of compliance, approved previously per
AD 2000-19-02, amendment 39-11903, are not approved as alternative
methods of compliance with this AD.

Related Information

(q) Brazilian airworthiness directive 2000-08-01R2, dated
February 13, 2002, also addresses the subject of this AD.

Issued in Renton, Washington, on September 20, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-21644 Filed 9-27-04; 8:45 am]

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